The Risks of Writing

Who knew writing a book required a law degree?

Infringement of copyright and trademark. Defamation and false light. Libel tourism and the right to be forgotten. Representations and warranties and indemnities. Who knew writing a book required a law degree?

As author and attorney Stephen Gillen notes, the First Amendment to the Constitution of the United States guarantees freedom of speech. Yet federal and state law also allow the subjects of any speech to file civil suit if they believe what was written does them harm. In his latest book, Guide to Rights Clearance & Permissions, published by the Textbook & Academic Authors Association, Gillen cautions authors to take care and offers strategies for dealing with the risks of publication.

“The types of claims [in news and magazine writing] that you’re going to see most frequently are claims of libel, defamation, and invasion of privacy. For trade fiction, on the other hand, the kinds of claims that you’re going to see are probably copyright infringement, that this story is my story and somebody got access to it and made it their own,” Gillen explains. “Occasionally, you even may see a libel claim if it turns out that the fiction is not really so fictional.

“For scholarly works, the claim is over breach of academic integrity,” he tells CCC’s Chris Kenneally. “There, you’re not worried so much about a lawsuit as the damage to your reputation and your career prospects that might occur as a result.”